CASA EX177/12 - Exemption - from flight simulator user approval

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L02323 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — from flight simulator user approval

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Legislation — CASR 1998

Under subregulation 60.055 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), a person who proposes to be the user of a qualified flight simulator must apply to CASA in writing for approval to do so.

 

Under subregulation 60.055 (2) of CASR 1998, CASA must take into account the differences between the flight simulator and the relevant aircraft, as well as the user’s operating and training competencies.

 

Exemptions from CASR 1998

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption on its own initiative. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

 

Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.

 

Under regulation 11.225, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Civil Aviation Order 40.2.1 (CAO 40.2.1) was amended in 2007 to permit the use of overseas training providers and flight simulators for renewal of instrument ratings where certain safety conditions are met.

 

The holder of a grade of instrument rating is taken to meet the requirements for the renewal of the rating if, instead of passing the relevant instrument rating test under CAO 40.2.1, the person complies with paragraph 12A in CAO 40.2.1. The holder may undertake an instrument proficiency check overseas on a flight simulator with a training provider whose flight simulator qualification certificates are recognised by CASA (a recognised certificate State or RCS).

 

The holder must give CASA at least 10 working days notice of the proposed instrument proficiency check on the flight simulator.

 

CASA currently recognises flight simulator qualification certificates issued by Belgium, Canada, Denmark, Finland, France, Germany, Hong Kong (Special Administrative Region of China), Ireland, Italy, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, the Czech Republic, the Netherlands, United Kingdom and the United States of America.

 

The overseas training provider and the person conducting the checks must be approved by the national airworthiness authority of the RCS to undertake the instrument proficiency checks in the flight simulator.

 

The checks must conform to Australian instrument procedures and comply with the Australian instrument rating renewal requirements in Appendix I of CAO 40.2.1 (except subparagraphs 4.1 (a), (b) and (c) dealing with use of synthetic flight trainers).

 

Oral test

The holder must also successfully complete an oral aeronautical knowledge test based on the matters mentioned in paragraph 1.1 of Appendix I of CAO 40.2.1 and relevant to the instrument rating to be renewed.

 

Effect of the exemption

In the light of this, the effect of the exemption is to relieve the holder, seeking renewal of the instrument rating by means of the overseas flight simulator, of the additional requirement under subregulation 60.055 (1) of CASR 1998 to obtain CASA’s separate approval to use the overseas flight simulator to renew the rating. CASA considers that, in the circumstances, exemption from the user approval requirement preserves an acceptable level of safety.

 

The exemption applies to each holder who under paragraph 12A of CAO 40.2.1 uses an overseas flight simulator training provider to conduct an instrument proficiency check for the renewal of the holder’s grade of instrument rating, and complies with paragraph 12A.2 of CAO 40.2.1. This paragraph requires notification to CASA of the proposal at least 10 working days before undertaking the overseas instrument proficiency check.

 

The exemption exempts the holder from compliance with regulation 60.055 of CASR 1998.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of simulators, and class of persons.  The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).

 

Consultation

CASA has previously consulted with industry on the making of the exemption contained in this instrument. It will facilitate use of overseas simulators to the benefit of those who seek to do so.

Human Rights Compatibility

This Legislative Instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

 

Commencement and making

The instrument commences on the day of registration and stops having effect at the end of October 2015.

 

The exemption has been made by a delegate of CASA under regulation 11.260 of CASR 1998.

 

[Instrument number CASA EX177/12]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that individuals seeking to use a qualified flight simulator must apply for approval from the Civil Aviation Safety Authority (CASA). However, this requirement can be burdensome for those who wish to utilise overseas flight simulators for the renewal of their instrument ratings. To address this issue, the Civil Aviation Safety Regulations 1998 have been amended to include an exemption for certain users of overseas flight simulators, facilitating their use in training and competency assessments. This exemption was introduced by CASA under the authority granted by the Civil Aviation Act 1988, with the paramount objective of maintaining an acceptable level of safety. The exemption applies to holders of instrument ratings who use recognised overseas flight simulators to conduct their instrument proficiency checks, provided they comply with the specified safety conditions and notify CASA in advance. The Legislative Instruments Act 2003 mandates that this exemption be tabled and potentially disallowed in Parliament, ensuring oversight and compliance with legislative processes.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the use of flight simulators in Australia, requiring individuals intending to use a qualified flight simulator to apply for approval from the Civil Aviation Safety Authority (CASA). This requirement is detailed under subregulation 60.055 of CASR 1998, where CASA must consider differences between the flight simulator and the relevant aircraft, as well as the user’s operating and training competencies. However, under subregulation 11.160 of CASR 1998, CASA may grant exemptions from certain provisions if it determines that doing so will not compromise safety. This exemption specifically applies to individuals holding a grade of instrument rating who wish to renew their rating using an overseas flight simulator, provided that certain conditions are met. These conditions include using an overseas training provider whose flight simulator qualification certificates are recognised by CASA, giving CASA at least 10 working days' notice of the proposed instrument proficiency check, and successfully completing an oral aeronautical knowledge test. The exemption is subject to the overarching requirement that an acceptable level of safety is preserved and is published on the Internet. It is a legislative instrument under the Legislative Instruments Act 2003 and ceases to have effect at the end of October 2015.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) require a person who intends to use a qualified flight simulator to apply to the Civil Aviation Safety Authority (CASA) for approval (subregulation 60.055(1)). CASA must consider the differences between the simulator and the relevant aircraft, as well as the user’s operating and training competencies (subregulation 60.055(2)). However, there is an exemption under subregulation 11.160(1) of CASR 1998, which allows CASA to grant exemptions from compliance with certain provisions of the Regulations if it is safe to do so. This exemption applies to holders who use an overseas flight simulator training provider to conduct an instrument proficiency check for the renewal of their instrument rating and comply with the notification requirements (subregulation 11.160(3); CAO 40.2.1). The exemption relieves the holder from the additional requirement to obtain CASA’s separate approval to use the overseas flight simulator to renew the rating. The exemption imposes certain obligations on the parties it governs. For instance, holders who seek to use an overseas flight simulator for the renewal of their instrument rating must comply with the notification requirements set out in CAO 40.2.1, providing CASA with at least 10 working days’ notice of the proposed instrument proficiency check (paragraph 12A.2 of CAO 40.2.1). Furthermore, the overseas training provider and the person conducting the checks must be approved by the national airworthiness authority of the relevant Contracting State to undertake the instrument proficiency checks in the flight simulator (CAO 40.2.1). The checks must conform to Australian instrument procedures and comply with the Australian instrument rating renewal requirements in Appendix I of CAO 40.2.1 (except subparagraphs 4.1(a), (b) and (c) dealing with use of synthetic flight trainers). The holder must also successfully complete an oral aeronautical knowledge test based on the matters mentioned in paragraph 1.1 of Appendix I of CAO 40.2.1 and relevant to the instrument rating to be renewed. Failure to comply with a condition of an exemption is an offence (regulation 11.210). The exemption itself is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The exemption was made by a delegate of CASA under regulation 11.260 of CASR 1998 and commences on the day of registration. It will stop having effect at the end of October 2015. CASA has previously consulted with industry on the making of the exemption contained in this instrument, which is intended to facilitate the use of overseas simulators to the benefit of those who seek to do so. The exemption does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.